In a landmark decision on May 14, 2025, the 8th U.S. Circuit Court of Appeals ruled that private individuals and groups cannot use Section 1983 of the Civil Rights Act to sue under Section 2 of the Voting Rights Act (VRA). This decision effectively restricts private enforcement of the VRA in seven states: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.
Background: The North Dakota Case
The ruling stemmed from a lawsuit filed by the Turtle Mountain Band of Chippewa and the Spirit Lake Nation, who challenged North Dakota’s 2021 redistricting plan. They argued that the plan diluted Native American voting power, violating Section 2 of the VRA. A lower court had previously agreed with the tribes, but the appeals court reversed this decision, stating that private entities lack the authority to enforce Section 2 through Section 1983.
Implications for Voting Rights Enforcement
This decision follows a 2023 ruling by the same court that barred private plaintiffs from directly filing lawsuits under Section 2 of the VRA. With both avenues now closed, enforcement of the VRA in these states is limited to actions brought by the U.S. Attorney General. Civil rights advocates express concern that this significantly hampers the ability to challenge discriminatory voting practices, especially in areas where federal intervention may be limited.
Broader Context
The 8th Circuit’s decision is part of a broader trend of judicial rulings that have narrowed the scope of the Voting Rights Act. In 2021, the Supreme Court’s decision in Brnovich v. Democratic National Committee upheld Arizona voting restrictions, setting a precedent that made it more challenging to prove violations under Section 2.
These developments collectively raise concerns about the future of voting rights protections in the United States, particularly for minority communities that have historically relied on the VRA to combat discriminatory practices.
